Venice PI, LLC v. Does

Filing 10

ORDER: Plaintiff shall show good cause within 14 days of service of this Order for the failure to effect service on the Doe Defendants. Failure of the Plaintiff to respond in writing within 14 days shall result in a dismissal without prejudice of these Defendants without further order of the Court. (Show Cause Response due by 3/2/2018 plus an additional 3 days if served by mail.) Signed by District Judge Martin Reidinger on 2/16/2018. (maf)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:17-cv-00219-MR

VENICE PI, LLC,

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Plaintiff,
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vs.
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DOES 1-9,
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Defendants.
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_______________________________ )

ORDER

THIS MATTER is before the Court sua sponte.
On August 14, 2017, the Plaintiff Venice PI, LLC, brought this action
against Does 1-9 (“Doe Defendants”), asserting claims of copyright
infringement. [Doc. 1]. The Plaintiff sought leave to conduct early discovery
in order to learn the identity of each Doe Defendant. [Doc. 4]. The Court
granted that motion on August 18, 2017. [Doc. 5]. On November 14, 2017,
the Plaintiff sought an extension of time within which to serve the Doe
Defendants. [Doc. 8]. The Court granted this motion as well, giving the
Plaintiff through and including February 14, 2018, to perfect service on the
Defendants. [Doc. 9]. To date, however, there is nothing in the record to
indicate that the Plaintiff has served the Defendants.

Rule 4(m) of the Federal Rules of Civil Procedure provides, in pertinent
part, as follows:
If a defendant is not served within 90 days after the
complaint is filed, the court – on motion or on its own
after notice to the plaintiff – must dismiss the action
without prejudice against that defendant or order that
service be made within a specified time. But if the
plaintiff shows good cause for the failure, the court
must extend the time for service for an appropriate
period.
Fed. R. Civ. P. 4(m). The Plaintiff is hereby placed on notice that unless
good cause is shown to the Court for his failure to effect service of the
Summons and Complaint on the Doe Defendants within fourteen (14) days
from service of this Order, the Plaintiff’s action against these Defendants
shall be dismissed without prejudice without further order.
IT IS, THEREFORE, ORDERED that the Plaintiff shall show good
cause within fourteen (14) days of service of this Order for the failure to effect
service on the Doe Defendants. Failure of the Plaintiff to respond in writing
within fourteen (14) days shall result in a dismissal without prejudice of these
Defendants without further order of the Court.
IT IS SO ORDERED.

Signed: February 16, 2018

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